In a noteworthy development, the Supreme Court, on Monday, reprimanded the Telangana police for their frequent utilization of preventive detention laws, expressing concern that while the nation observes the 'Azadi Ka Amrit Mahotsav' to mark 75 years of Independence, certain police officers are impinging on the liberty and freedom of individuals.

The critique came from a bench comprising Justices Surya Kant and Dipankar Datta, who, in their observation, annulled a detention order that had been issued against the spouse of a detainee.

"We are persuaded to remind the authorities in the state of Telangana that the drastic provisions of the Act are not to be invoked at the drop of a hat. While the Nation celebrates Azadi Ka Amrit Mahotsav to commemorate 75 years of independence from foreign rule, some police officers of the said state who are enjoined with the duty to prevent crimes and are equally responsible for protecting the rights of citizens as well, seem to be oblivious of the Fundamental Rights guaranteed by the Constitution and are curbing the liberty and freedom of the people. The sooner this trend is put to an end, the better," the bench said.

The highest court asserted that preventive detention, originally designed as an exceptional measure by India's Constitution framers, and has been degraded over the years through its indiscriminate application, treating it as if it were readily accessible for use even in routine proceedings.

"To unchain the shackles of preventive detention, it is important that the safeguards enshrined in our Constitution, particularly under the 'golden triangle' formed by Articles 14, 19 and 21, are diligently enforced," the bench said.

According to recent reports, the apex court of India has emphasized the significance of fundamental rights enshrined in the Constitution. Specifically, Article 14 underscores the principle of equality before the law, Article 19 guarantees the right to freedom of speech and expression, and Article 21 safeguards the right to life and personal liberty for Indian citizens.

In its pronouncement, the highest court emphasized that the concept of preventive detention, initially conceived as an extraordinary measure by the framers of the Constitution, has regrettably become a routine practice over the years. This practice has led to the misconception that it can be employed in ordinary legal proceedings without adequate justification.

Regarding the legality of preventive detention orders, the courts are duty-bound to ensure that such orders are founded on the necessary satisfaction of the detaining authority, as per the apex court's directives.

In the context of a specific case under consideration, the Supreme Court highlighted a critical failure on the part of the concerned authority. It noted a lack of differentiation between offenses that pertain to "law and order" situations and those that have the potential to substantially disrupt "public order."

The apex court observed that the Telangana Prevention of Dangerous Activities Act of 1986, which encompasses an extensive range of offenses, is an exceptional statute. However, as per reports, the court asserted that invoking this statute was unwarranted in the given circumstances, as the ordinary criminal law possessed adequate provisions to address the concerns that led to the contested detention order.

This pronouncement by the Supreme Court underscores the need for prudence and adherence to constitutional principles in the application of preventive detention, reinforcing the fundamental rights of Indian citizens.

Image source: ET